Extracted from the PDF above. The PDF is authoritative.
APHC010666782025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 34385/2025 Between:
M/S. NAVABHARAT LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR RAJIV BELLA, HAVING ITS OFFICE AT 17-474, ASWARAOPETA ROAD, UPPALAMETTA, JANGAREDDYGUDEM, WEST GODAVARI, AP, INDIA – 534447. ...PETITIONER AND
1. UNION OF INDIA, REPRESENTED ITS UNDER SECRETARY, MINISTRY OF FINANCE, NEW DELHI,
2. M/S KAKINADA SEAPORTS LIMITED KSPL, X738 PLUSXPJ, KAKINADA PORT, KAKINADA, ANDHRA PRADESH 533007
3. M/S NCS STORAGE FACILITY, NEW PORT AREA, BEACH ROAD, KAKINADA-533007 KAKINADA, REP. BY ITS MANAGER
4. THE DISTRICT COLLECTOR, AND MAGISTRATE, KAKINADA DISTRICT, ANDHRA PRADESH
5. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT
6. THE SHO, KAKINADA RURAL KAKINADA DISTRICT
7. THE SHO, KAKINADA URBAN KAKINADA DISTRICT
8. M/S THE TANK LORRY OWNERS ASSOCIATION, KAKINADA, REP. BY ITS PRESIDENT / SECRETAIY R/O. A.D.B. ROAD, VAKALAPUDI, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner:
1. S NAGESH REDDY Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus (i) declaring the inaction of Respondent Nos. 4 to 7 in failing to implement the binding directions issued by the District Collector in Proceedings No. 24486/Ml dated 04-03-2025, and their consequent failure to ensure the free, unhindered and immediate movement of the Petitioners own tankers from its storage point at Kakinada to its refinery at Jangareddygudem, despite the Petitioner's detailed representations dated 04-11-2025, 06-11-2025 and 27-11-2025, as illegal, arbitrary and violative of the Petitioners fundamental rights guaranteed under Articles 14, 19 (l) (g) and 21 of the Constitution of India (ii) Declaring the coercive and monopolistic practices of Respondent No. 8 in unlawfully levying illegal fees, imposing arbitrary freight charges, mobilising unlawful assemblies, and obstructing access to the Petitioners own property are contrary to the provisions of the Competition Act, 2002, and in violation of Article 13, 19 and 21 of the Constitution of India with a consequential prayer to direct the Respondent Nos.
4 to 7 to forthwith provide adequate and effective police protection to the Petitioner's vehicles and to prevent the continuing illegal obstruction, intimidation and extortion by Respondent No.8, and ensure that no obstruction is caused to the day- to-day transport operations by Respondent No.8 or any similar association.”
2. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, would submit that, the Police of Sarpavaram Police Station will, as and when required and as permissible in law, provide adequate, effective and continuous police protection at the Petitioner’s storage points within the jurisdiction of Sarpavaram Police Station for the limited purpose of maintaining law and order and preventing unlawful interference by any person or group. It is further submitted that the Petitioner is at liberty to communicate in advance the schedule or tanker operations to the jurisdictional police so as to enable focused deployment of manpower and thereby avoid congestion or misunderstanding during loading and dispatch activities. 3
3. Sri S.Nagesh Reddy, learned counsel for the Petitioner would submit that, even on 02.12.2025 also they have submitted a representation to the Police to provide necessary police aid. 4. Considering the submissions made, the Writ Petition is disposed of directing Respondent Nos.6 and 7 to take necessary steps to attend the grievance of the Petitioner as ordered by the concerned District Collector forthwith. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:11.12.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.34385 of 2025
Dt.11.12.2025
Dinesh